Donald Trump's administration has appealed to the Supreme Court, asking the judge to bless him with his efforts to deport a group of immigrants to South Sudan, a war-torn African country with no notice and explicit violations of the judge's order.
The High Court has defeated the government's efforts to make rapid deportation without due process twice. This time, Trump’s Justice Department tried to convince judges to undermine the rule of law and weaken judicial records with misleading summary, as well as those caused by judicial records and flight tracking data. Rolling stones.
Brian Murphy, a federal judge in Massachusetts, had previously issued an order banning the Trump administration from deporting people to third-party countries, or without a "meaningful opportunity" to prove they fear they were sent there to be persecuted, tortured or killed if they were sent there. The judge also asked the government to send at least 15 days notice to people to challenge their removal.
When the Trump administration moved to detainees to a very dangerous country, Libya, without giving them the opportunity to raise fear-based objections, the judge clarified that it would violate his orders. Last week, the Trump administration began sending a group of people to South Sudan, another dangerous country, with less than 24 hours of notification - resulting in a judge finding out that officials violated his orders and demanding the administration maintain custody of immigrants, so they had a chance to object to being sent there.
Murphy did not ask the government to bring these people back, allowing officials to choose where they hold them when complying with the order. They are currently being held in a military base in Djibouti, East Africa.
The men's lawyers told Rolling stones Her team still had no phone calls from clients on Thursday morning, one of the conditions for last week's ruling.
On Tuesday, Trump's Justice Department bypassed the U.S. Court of Appeals for the First Circuit as it filed an emergency in the Supreme Court. The government noted in the summary that Murphy's order was "an irreparable harm in the areas of diplomacy, immigration and foreign policy."
In briefing to the Supreme Court, Trump's Deputy Attorney General John Sauer wrote: "In these foreigners are actually brakes in flight, forcing the government to detain them at military bases in Djibouti, rather than designing or being able to detain such criminals for Djibouti - followed by the court, on which a daunting act was carried out and a series of efforts to continue to act, a constant business, a constant effort to make a family business a constant responsibility. The unbearable option for holding these foreigners in military facilities on foreign lands (every day of continuing imprisonment could cause serious harm to U.S. foreign policy, or bringing these convicted criminals back to the United States.
Sauer, who previously served as Trump’s personal attorney, represents the current situation, a burden Judge Murphy put on the administration and skeptically claimed that the judge forced the Department of Homeland Security (DHS) to detain a man in Djibouti. In fact, as Judge Murphy wrote in a memorandum this week, “this is the result of the defendant’s request.” His order makes “the practicality of complying with the defendant’s discretion.”
“Honestly, I think it’s a strict brief,” immigration attorney Aaron Reichlin-Melnick wrote on Tuesday’s X. "It wrongly claims that the District Court's Falk (ed) government detained (8 people) at a military base in Djibouti." This is wrong.
The government's description of the sequence of events further undermines Rolling stonesReal-time tracking of Gulfstream V jets flying from Texas to Djibouti last week. (The flight was first noticed by former journalist and flight attendant Gillian Brockell, who saw a plane that had previously flew a senior government mission to take off from Harlingen, Texas on Tuesday evening, about the same time when a man's lawyer discovered from clients they would be sent to South Sudan.
Judge Murphy held two emergency hearings last Tuesday night and Wednesday at noon, responding to the immigration emergency and informing the court that their clients had been informed of less than 24 hours of notice that they would be deported to South Sudan.
During a hastily hearing Tuesday night, Judge Murphy ordered the Justice Department to find out the plane's location and told everyone involved that they could face contempt sanctions for crimes if his earlier order prohibited the rapid expulsion of third-party countries.
At 8:55 pm Tuesday, Gulfstream V was still on the Atlantic Ocean and the plane was closer to the United States than Africa when Judge Murphy submitted an order to maintain custody of these people. Rolling stonesComments.
We were able to dock at Shannon Airport in Ireland at about 9:30 pm on Tuesday, probably to refuel, and it sat for nearly three hours before taking off and continuing to Djibouti.
It is said that Rolling stonesFlight site tracking.
Wednesday's court hearing, originally scheduled to start at 11 a.m., began late, and sometime after noon, the plane had been sitting on the Djibouti Airport tarmac for more than two hours when Justice Murphy made what the Justice Department called the ban. Rolling Stone'S tracking.
According to a live update of the hearing by Lawdork, an independent legal news site, at which the plaintiffs asked the people to be sent back to the U.S., but the judge allowed the Justice Department to provide its own "remedy" for the situation and asked Justice Department attorney Drew Ensign to make recommendations.
"Any remedy should be tailored. If they don't give a meaningful opportunity to express their fear, give them this opportunity. There is no need to bring them back."
"Are you suggesting that they have reasonable fear interviews where they are now?" Later in the hearing, the Justice Department reported to the judge that it is actually possible for men to conduct credible fear interviews in Djibouti.
"The DHS can decide to provide the process to six people in the United States in violation of its preliminary injunction, which is tailored narrowly in accordance with the principle of fairness," Judge Murphy wrote in his ruling last Wednesday.
Two days later, Secretary of State Marco Rubio submitted a declaration to Murphy, part of a government appeal, which argued that the detention of the men in Jibouti "had a negative impact on the important strategic interests of the United States, including in Libya, Sudan and Djibouti." Rubio claimed that Judge Murphy's order threatened to negatively affect the relationship between the United States and South Sudan, making it "move humanitarian relief - food, medicine, etc. to the region...more difficult."
Meanwhile, humanitarian relief in South Sudan has been damaged by Trump’s efforts to carry out foreign aid.
The Department of Homeland Security did not respond to a request for comment. The Ministry of Justice did not respond immediately Rolling stones.
The Trump administration brought eight soldiers to Djibouti, but one of them was a South Sudanese national and the other would be deported to his Burmese country, the administration said. This put six men under orders to conduct a reasonable schedule to increase fear of torture. These people - from Myanmar, Laos, Vietnam, Cuba, Mexico and South Sudan - were once violent crimes.
The plane they flew to Djibouti has been registered with two related Florida private franchise companies, Tannjets and Journey Aviation
Both Tannjets and Journey Aviation were founded by a pilot who founded the first private airline in Uzbekistan after the collapse of the Soviet Union. Journey Airlines executives told Rolling stones They don't know if they participated in the South Sudan deportation flight last Wednesday.
The narrative that Judge Murphy “forced” the government to go to Djibouti began to take shape. "Now, these illegal criminals and rapists have to sit in Djibouti with our ice media, and they have to sit there for more than two weeks now. This is what is happening in our court system and what the president wants the Supreme Court to do during the press conference."
Later that day, State Department spokesman Tammy Bruce further distorted the incidents, saying: "I will also point out Karoline Leavitt's remarks within an hour before my briefing here, pointing to a court order that the flight will be required to fly to Djibouti".
Civil strife in South Sudan worsens at the extent to which the United States ordered all non-emergency workers to leave the country in March. The State Department warned: “Do not go to South Sudan due to crimes, kidnapping and armed conflict.”
The department's 2023 report on South Sudan's human rights practices found reliable reports “arbitrary or illegal killing, including extrajudicial killings, including judicial killings; compulsory disappearance; torture or cruel, inhuman, inhumane, or rule by security forces, opposition forces, military forces with government and opposition; and indexed people and lives;
Supreme Court Justice Ketanji Brown Jackson Jackson, who was responsible for appealing emergency case files in the First District, responded to the Trump administration’s urgent request on Wednesday, providing lawyers to lawyers sent to Djibouti every week.